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Filing # 104541322 E-Filed 03/09/2020 11:31:14 AM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
CHARLOTTE COUNTY, FLORIDA CIVIL ACTION
DEBRA LAPOSA,
Plaintiff,
Case No. 2020-100-CA ~
WAL-MART STORES EAST, L.P., a Foreign
Limited Partnership, and JOHN DOE, Manager
of Store # 1874,
Defendants.
/
DEFENDANT WALMART STORES EAST LP'S ANSWER, AFFIRMATIVE
DEFENSES, AND DEMAND FOR JURY TRIAL
COMES NOW, the Defendant, WALMART STORES EAST, LP, by and through
its undersigned counsel, and for answer to Plaintiffs First Amended Complaint and
Demand for Jury Trial, states as follows:
1 Admit for jurisdiction, deny any inference therefrom.
2 Based on information and belief, admit.
Admit.
Admit for purposes of this litigation only.
Admit Walmart employed a Manager for the store located at 2391 S. McCall
Road, Englewood, Charlotte County, Florida.
Based on information and belief, admit.
COUNT I
NEGLIGENCY OF WALMART
Defendant readopts and realleges paragraphs 1-6 above as if set forth fully
herein. ©
Page 1 of 4
8. Admit Defendant Walmart had a duty to maintain the premises. The remainder
" of the allegation is denied as phrased.
9. Denied, including all subparts.
10. Denied.
11.Denied.
COUNT 2
NEGLIGENCE OF JOHN DOE
12.-16. Not directed to this answering Defendant.
AFFIRMATIVE DEFENSES
1 Defendant alleges that the sole and proximate cause of the damages
alleged by Plaintiff was the carelessness and negligence of Plaintiff, or in the
alternative, the carelessness and negligence of Plaintiff contributed to the cause of the
accident, such that the negligence of all the parties, if any, should be compared.
2 Defendant alleges that any negligence of the Defendant, if any, was not
the legal cause of any injuries allegedly suffered by the Plaintiff. By this affirmative
defense, Defendant is in no way admitting to negligence on its part.
3 Defendant is entitled to a set-off of any contractual discount of medical
bills or expenses, negotiated write-offs of medical bills or expenses, or negotiated
agreements to pay medical bills or other expenses in the future, pursuant to the law of
collateral source set-offs and Goble v. Frohman, 848 So.2d 406 (Fla. 2d DCA 2003).
Alternatively, Plaintiff is not entitled to claim bills, costs, or expenses incurred but
waived or not actually incurred by the Plaintiff.
4 Defendant affirmatively alleges that pursuant to Fla. Stat. §768.81,
Plaintiffs damages were caused all or in part by other persons or entities over whom
Page 2 of 4
Defendant had no control, pursuant to Fabre v. Marin, 623 So.2d 1182 (Fla. 1993) and
Florida Statute §768.81.
5 Defendant alleges that Plaintiff has received payment from collateral
sources.
6. The injuries and damages alleged by Plaintiff are the result of pre-existing
medical conditions, and, accordingly, Defendant has no responsibility or liability for
Plaintiff's claimed damages.
7 Defendant alleges that any recovery should be reduced or barred by
Plaintiff's failure to mitigate the damages alleged in one or more of the following ways:
A) Failure to promptly obtain medical treatment;
B) Failure to obtain proper medical treatment;
C) Failure to follow medical advice;
D) Failure to keep appointments.
8 The Plaintiffs recovery for medical damages is limited to only those
medical expenses for which the Plaintiff has become liable; the Plaintiff may not
blackboard the total amount of medical bills charged by medical providers where such
providers accepted as full payment less than the actual charges. Cooperative Leasing
Inc. v. Johnson, 872 So.2d 956 (Fla. 2d DCA 2004).
DEMAND FOR JURY TRIAL
Defendant demands trial by jury on all issues triable as of right by jury.
Page 3 of 4
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that | electronically filed the foregoing with the Clerk of
Court using the E-Filing Portal System which will send a notice of electronic filing to the
following:
Ashley Long, Esquire
Morgan & Morgan, P.A.
2222 South Tamiami Trail
Sarasota, FL 34239
Telephone: 941.366.1790
Facsimile: 941.366.6063
long@forthepeople.com
Attorneys for Plaintiff
this gq dayof March, 2020.
HENDERSON, FRANKLIN, STARNES & HOLT, P.A.
Attorneys for Defendant, Walmart Stores East, LP
Post Office Box 280
1715 Monroe Street
Fort Myers, FL 33902-0280
Telephone: 239.344.1249
Facsimile: 239.344.1542
By: siAmandaJ. Rosy
AMANDA J. ROSS, ESQUIRE
Florida Bar No. 598666
amanda.ross@henlaw.com
tracey.salerno@henlaw.com
MADISON P. ALLEN, ESQUIRE
Florida Bar No. 1011247
madison.allen@henlaw.com
susan.peters@henlaw.com
Page 4 of 4
Preview
Filing # 104541322 E-Filed 03/09/2020 11:31:14 AM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CIVIL ACTION DEBRA LAPOSA, Plaintiff, Case No. 2020-100-CA ~ WAL-MART STORES EAST, L.P., a Foreign Limited Partnership, and JOHN DOE, Manager of Store # 1874, Defendants. / DEFENDANT WALMART STORES EAST LP'S ANSWER, AFFIRMATIVE DEFENSES, AND DEMAND FOR JURY TRIAL COMES NOW, the Defendant, WALMART STORES EAST, LP, by and through its undersigned counsel, and for answer to Plaintiffs First Amended Complaint and Demand for Jury Trial, states as follows: 1 Admit for jurisdiction, deny any inference therefrom. 2 Based on information and belief, admit. Admit. Admit for purposes of this litigation only. Admit Walmart employed a Manager for the store located at 2391 S. McCall Road, Englewood, Charlotte County, Florida. Based on information and belief, admit. COUNT I NEGLIGENCY OF WALMART Defendant readopts and realleges paragraphs 1-6 above as if set forth fully herein. © Page 1 of 4 8. Admit Defendant Walmart had a duty to maintain the premises. The remainder " of the allegation is denied as phrased. 9. Denied, including all subparts. 10. Denied. 11.Denied. COUNT 2 NEGLIGENCE OF JOHN DOE 12.-16. Not directed to this answering Defendant. AFFIRMATIVE DEFENSES 1 Defendant alleges that the sole and proximate cause of the damages alleged by Plaintiff was the carelessness and negligence of Plaintiff, or in the alternative, the carelessness and negligence of Plaintiff contributed to the cause of the accident, such that the negligence of all the parties, if any, should be compared. 2 Defendant alleges that any negligence of the Defendant, if any, was not the legal cause of any injuries allegedly suffered by the Plaintiff. By this affirmative defense, Defendant is in no way admitting to negligence on its part. 3 Defendant is entitled to a set-off of any contractual discount of medical bills or expenses, negotiated write-offs of medical bills or expenses, or negotiated agreements to pay medical bills or other expenses in the future, pursuant to the law of collateral source set-offs and Goble v. Frohman, 848 So.2d 406 (Fla. 2d DCA 2003). Alternatively, Plaintiff is not entitled to claim bills, costs, or expenses incurred but waived or not actually incurred by the Plaintiff. 4 Defendant affirmatively alleges that pursuant to Fla. Stat. §768.81, Plaintiffs damages were caused all or in part by other persons or entities over whom Page 2 of 4 Defendant had no control, pursuant to Fabre v. Marin, 623 So.2d 1182 (Fla. 1993) and Florida Statute §768.81. 5 Defendant alleges that Plaintiff has received payment from collateral sources. 6. The injuries and damages alleged by Plaintiff are the result of pre-existing medical conditions, and, accordingly, Defendant has no responsibility or liability for Plaintiff's claimed damages. 7 Defendant alleges that any recovery should be reduced or barred by Plaintiff's failure to mitigate the damages alleged in one or more of the following ways: A) Failure to promptly obtain medical treatment; B) Failure to obtain proper medical treatment; C) Failure to follow medical advice; D) Failure to keep appointments. 8 The Plaintiffs recovery for medical damages is limited to only those medical expenses for which the Plaintiff has become liable; the Plaintiff may not blackboard the total amount of medical bills charged by medical providers where such providers accepted as full payment less than the actual charges. Cooperative Leasing Inc. v. Johnson, 872 So.2d 956 (Fla. 2d DCA 2004). DEMAND FOR JURY TRIAL Defendant demands trial by jury on all issues triable as of right by jury. Page 3 of 4 CERTIFICATE OF SERVICE | HEREBY CERTIFY that | electronically filed the foregoing with the Clerk of Court using the E-Filing Portal System which will send a notice of electronic filing to the following: Ashley Long, Esquire Morgan & Morgan, P.A. 2222 South Tamiami Trail Sarasota, FL 34239 Telephone: 941.366.1790 Facsimile: 941.366.6063 long@forthepeople.com Attorneys for Plaintiff this gq dayof March, 2020. HENDERSON, FRANKLIN, STARNES & HOLT, P.A. Attorneys for Defendant, Walmart Stores East, LP Post Office Box 280 1715 Monroe Street Fort Myers, FL 33902-0280 Telephone: 239.344.1249 Facsimile: 239.344.1542 By: siAmandaJ. Rosy AMANDA J. ROSS, ESQUIRE Florida Bar No. 598666 amanda.ross@henlaw.com tracey.salerno@henlaw.com MADISON P. ALLEN, ESQUIRE Florida Bar No. 1011247 madison.allen@henlaw.com susan.peters@henlaw.com Page 4 of 4